CONVEYANCE OF EASEMENT
THIS INDENTURE, Made this XX day of (Month), (Year) by and between XYZ of XXX, in the County of XX, State of XX, parties of the first part, and the UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior or the Secretary’s authorized representative, party of the second part,
WITNESSETH:
WHEREAS, The Secretary of the Interior is authorized to acquire interest in land and water suitable for use as wildlife habitat, and
WHEREAS, the land and water described below is essential for wildlife habitat;
NOW THEREFORE, for and in consideration of the sum of XX Dollars ($XX), the parties of the first part hereby convey to the United States, commencing with the acceptance of this indenture by the Secretary of the Interior or the Secretary’s authorized representative, which acceptance must be made within XX months of the execution of this indenture by the parties of the first part, or any subsequent date as may be mutually agreed upon during the term of this option, an easement or right of use for the maintenance of the land and water described below as a wildlife habitat area in perpetuity, including the right of access thereto by authorized representatives of the United States:
(Insert Legal Description)
Said lands contain XX hectares (XX acres), more or less, all being located in XX County, State of XX.
Subject, however, to all existing rights-of-way; to all outstanding mineral rights; to rights of the UNITED STATES OF AMERICA and third parties under patents of record; and to rights of third parties under oil and gas leases of record.
The parties of the first part, for themselves and for their heirs, successors and assigns, covenant and agree that they will cooperate in the maintenance of the aforesaid land and water as wildlife habitat; and to that end and for the purpose of accomplishing the intent of this indenture, it is agreed as follows:
The parties of the first part shall not:
1.
2.
The party of the second part shall have the right:
1.
2.
1. This indenture shall not be binding upon the UNITED STATES OF AMERICA until accepted on behalf of the United States by the Secretary of the Interior or the Secretary’s authorized representative, although this indenture is acknowledged by the parties of the first part to be presently binding upon the parties of the first part and to remain so until the expiration of said period for acceptance, as hereinabove described, by virtue of the payment to parties of the first part, by the UNITED STATES OF AMERICA, of the sum of One Dollar, the receipt of which is hereby expressly acknowledged by parties of the first part.
2. Notice of acceptance of this agreement shall be given the parties of the first part by certified mail addressed to
XYZ at XYZ and such notice shall be binding upon the parties of the first part without sending a separate notice to each.
3. Payment of the consideration will be made by Disbursing Officer's check after acceptance of this indenture by the Secretary of the Interior or the Secretary’s authorized representative, and after the Attorney General or in appropriate cases, the Field Solicitor of the Department of the Interior, shall have approved the easement interest thus vested in the United States.
IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals as of the day and year above written.
_______________________(L.S.) _______________________(L.S.)
_______________________(L.S.) _______________________(L.S.)
_______________________(L.S.) ________________________(L.S.)
STATE OF XX)
) ss.
COUNTY OF XX)
On this XX day of XX, in the year 20XX, before me personally appeared XYZ and XZY, known to me to be the person(s) described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed.
____________________________
____________________________
(Official Title)
(SEAL) My Commission expires XX/XX/XX
ACCEPTANCE
The Secretary of the Interior, acting by and through the Secretary’s authorized representative, has executed this agreement on behalf of the United States this XX day of XX, 20XX.
THE UNITED STATES OF AMERICA
By XYZ
Title XYZ
U.S. Fish and Wildlife Service